House Set To OK ‘Certificate Of Need’ Repeal

The House could vote as early as Wednesday to repeal the "certificate of need" regulatory process for building hospitals, an issue backed by House Republican leaders and Gov. Rick Scott.

But with less than three weeks left in the regular legislative session, the Senate version of the bill has not been heard in committees.

The House on Tuesday took up its bill (HB 7) and positioned it for a vote. The so-called CON process, which has long been controversial, requires hospitals to get approval from the Florida Agency for Health Care Administration before building new facilities and opening some new programs. It also frequently touches off litigation in the hospital industry about whether new facilities and programs should be approved.

Rep. Daisy Baez, D-Coral Gables, asked Tuesday about evidence or data that indicates there is a "compelling need" to eliminate certificates of need. But Rep. Alex Miller, a Sarasota Republican sponsoring the House bill, argued that certificates of need do not improve health care and described the CON law as "antiquated."

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In the latest ruling in Florida's "certificate of need" battles, an administrative law judge said this week that the state should reject a proposal by Baptist Hospital of Miami to establish an inpatient bone-marrow transplant program.

When officials at Nemours Children’ Hospital in Orlando tried to establish a pediatric heart transplant center, they learned how restricting a state law regulating the opening of new health facilities can be.

As Florida's 2017 legislative session prepares to start March 7, the debate about repealing what is known as the "certificate of need" regulatory process has expanded to include nursing homes and hospice facilities — and has touched off a new wave of lobbying by industry groups.

The House will begin moving forward next week with proposals to chip away at health-care regulations, including a plan to eliminate the controversial "certificate of need" process.

The Health Innovation Subcommittee on Wednesday is scheduled to take up a series of bills, including a measure (HB 7), filed by Rep. Alex Miller, R-Sarasota, that would eliminate certificates of need for hospitals, nursing homes and hospice facilities.